The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.39453 of 2014 Dated: 23.12.2014 Between:
Thirumalasetty Markandeyulu ..
Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Ministry of Fisheries, Secretariat, Hyderabad, and 4 others.
..
Respondents Counsel for the petitioner: Mr.P.Ravikanth Counsel for the respondents: AGP for Fisheries (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the proceeding in Rc.No.25/C/2014, dated 05- 11-2014, of respondent No.2, as illegal and arbitrary.
It is the pleaded case of the petitioner that he along with two others was appointed as the Part-time Person-In-Charge for managing the affairs of the Lakshmipuram Pallipalem Fishermen Co-operative Society, Kruttivennu Mandal, Krishna District; that, in that capacity, he has conducted the elections by convening a General Body Meeting on 27.07.2014 and that on 08.08.2014, the said fact was intimated to respondent No.4 under acknowledgment.
The grievance of the petitioner is that despite holding of elections, respondent No.3 has issued the impugned proceeding, whereby he has fixed 24-12- 2014 as the date for election of the Executive Committee of the said Society and appointed one A.Chandrasekhar, Fisheries Development Officer, Kalidindi as the Election Officer.
Though the petitioner has claimed in his representation, dated 09-12-2014, made to respondent No.3, that the fact of holding elections to the Society in question on 08-08-2014 was informed to respondent No.4 and that he has received acknowledgment on 09-08-2014, no copy thereof has been filed. In the absence of any prima facie evidence, this Court is not inclined to entertain this Writ Petition to stall the election scheduled to be held on 24-12-2014. If the Person-In-Charge Committee has held the election as claimed by it, it is entitled to raise an election dispute under Section 61 (3) of the Andhra Pradesh Co-operative Societies Act, 1964, after the proposed election is held.
Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.
As a sequel to dismissal of the Writ Petition, WPMP.No.49483 of 2014, filed by the petitioner for interim relief, is dismissed as infructuous.
(C.V. Nagarjuna Reddy, J) Dt: 23rd December, 2014 lur